Note: Public Acts 2007, 07-163, §
3, which created this offense, became effective October 1, 2007.

The defendant is charged [in count __]
with firearms trafficking. The statute defining this offense reads in
pertinent part as follows:

a person is guilty of firearms
trafficking if such person, knowingly and intentionally, directly or indirectly,
causes one or more firearms that such person owns, is in possession of or is in
control of to come into the possession of or control of another person whom such
person knows or has reason to believe is prohibited from owning or possessing
any firearm under state or federal law.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Owned, possessed or
controlled firearmsThe first element is that the
defendant owned, possessed or controlled firearms. "Firearm" means any
sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other
weapon, whether loaded or unloaded, from which a shot may be discharged.You must find that the firearm was
operable at the time of the incident.

"Possession" means either actual
possession or constructive possession. Actual possession means actual physical
possession, such as having the object on one's person. Constructive possession
means having the object in a place under one's dominion and control.

Possession also requires that the
defendant knew that (he/she) was in possession of the firearm. That is, that
(he/she) was aware that (he/she) was in possession of it and was aware of its
nature. The state must prove beyond a reasonable doubt that the defendant knew
that (he/she) was in possession of the firearm. <See
Knowledge, Instruction 2.3-3.>

<If some form of constructive
possession is alleged, see
Possession,
Instruction 2.11-1.>1

Element 2 - Caused to come into
another's possession or controlThe second element is that the
defendant caused the firearms to come into the possession of or control of
another person, <identify other person>. This means that the defendant
did something that, either directly or indirectly, resulted in <identify
other person> coming into the possession or control of the firearms.

Element 3 - Person prohibited
from owning or possessing firearmsThe third element is that the
defendant knew or had reason to believe that <identify other person> was
prohibited from purchasing or otherwise receiving a firearm because (he/she) did
not have a valid permit. [A person acts "knowingly" with respect to conduct or
to a circumstance when (he/she) is aware that (his/her) conduct is of such
nature or that such circumstance exists. <See
Knowledge, Instruction 2.3-3.>]

Element 4 - IntentThe fourth element is that the
defendant had the specific intent that <identify other person> would come
into possession or control of the firearms. A person acts "intentionally" with
respect to a result when (his/her) conscious objective is to cause such result.
<See
Intent: Specific, Instruction
2.3-1.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant 1) owned, possessed, or controlled
firearms, 2) caused those firearms to come into the possession or control of <identify
other person>, 3) knew that <identify other person> was prohibited
from owning or possessing any firearm, and 4) specifically intended that <identify
other person> would come into possession or control of the firearms.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of firearms
trafficking, then you shall find the defendant guilty. On the other hand, if
you unanimously find that the state has failed to prove beyond a reasonable
doubt any of the elements, you shall then find the defendant not guilty.
_______________________________________________________

1
Ascertain from counsel what form of possession is alleged. The definition
should be narrowly tailored to the allegations.

Commentary

Sentence EnhancerSection 53-202a provides a sentence
enhancement if more than 5 firearms are involved, if the offense was committed
prior to October 1, 2013. The jury must find this fact
proved beyond a reasonable doubt. See
Sentence
Enhancers, Instruction 2.11-4.